[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1376 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1376
To include the Department of Energy and the Nuclear Regulatory
Commission as employers for the purposes of whistleblower protection.
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IN THE SENATE OF THE UNITED STATES
July 8, 2003
Mr. Reid (for himself and Mr. Ensign) introduced the following bill;
which was read twice and referred to the Committee on Energy
and Natural ResourcesYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
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A BILL
To include the Department of Energy and the Nuclear Regulatory
Commission as employers for the purposes of whistleblower protection.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. WHISTLEBLOWER PROTECTION FOR EMPLOYEES OF THE DEPARTMENT OF
ENERGY AND THE NUCLEAR REGULATORY COMMISSION.
(a) Definition of Employer.--Section 211(a)(2) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5851(a)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking ``that is
indemnified'' and all that follows through ``12344.'' and
inserting ``or the Commission; and''; and
(3) by adding at the end the following:
``(E) the Department of Energy and the
Commission.''.
(b) De Novo Judicial Determination.--Section 211(b) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5851(b)) is amended by adding at
the end the following:
``(4) De novo judicial determination.--If the Secretary
does not issue a final decision within 180 days after the
filing of a complaint under paragraph (1) and the Secretary
does not show that the delay is caused by the bad faith of the
claimant, the claimant may bring a civil action in United
States district court for a determination of the claim by the
court de novo.''.
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